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HomeMy WebLinkAboutZoning - Property located at Apprpximately 153 feet east of the Prairie Ave and Locust Rd Intersections ORDINANCE No. 8129-90 Passed by the Common Council of the City of South Bend,Indiana October 8, rq 90 Attest: - ��� -�-• Cit y Clerk IRENE K. GAMMON Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana _ October 9, 90 19 City Clerk IRENE K. GAMMON Approved and signed by me ) l j I 9 q 0 Mayor alry ORDINANCE NO. AtaQ-Qo AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT APPROXIMATELY 153 FEET EAST OF THE PRAIRIE AVENUE AND LOCUST ROAD INTERSECTION ON THE SOUTH SIDE OF PRAIRIE AVENUE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1 : Ordinance No. 4990-68 , as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana be and the same hereby is amended in order that the zoning classification of the following described real estate in the City of South Bend, St . Joseph County, :'State of Indiana: A parcel of land being part of the West half of the Northeast quarter of Section 22 , Township 37 , North, Range 2 East , Portage Township, City of South Bend, Indiana described as follows : Commencing at the Northwest corner of said quarter Section; thence North 89-35 ' 35" East (bearing assumed) along the North 'line of said quarter Section, a distance of 633 .99 feet ; thence South 0-24' 25" East, a distance of 40 .00 feet to the Northwest corner of Luan' s Replat of Peak' s First Addition and being the point of beginning for this description; thence North 89-35 ' 35" East along the North line of Lot G of Luan ' s Replat of Peak' s First Addition to the Northeast corner of Lot G, a distance of 93 . 01 feet; thence South 0-16 ' 29" West, a distance of 174 . 72 feet; thence South 61-29 ' 27" West, a distance of 654 .80 feet ; thence North 0-00 ' 48" West , a distance of 225 . 00 feet to the South right-of-way line of Prairie Avenue; thence North 61-29 ' 27" East along said South right-of-way line a distance of 548 .07 feet to the point of beginning of this description containing 2 .97 acres more or less . be and the same is hereby established. as "C" Commercial, "A" Height and Area. SECTION II ; This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the mayor, and legal publication. /GC.-. Member of the Com ' Coun." I READING ri' 90 PU L;C HEARING /t 4 - 5' o • Date Filed Application No. Date received by the Area Plan Commision I, (we) the undersigned make application and petition the Commom Council of the City of South Bend, Indiana to amend the zoning ordinance as herein requested. 1 ) The property sought to be rezoned is located at : approximately 153 feet east of the Prairie Avenue and Locust Road intersection on the South side of Prairie Avenue 2) Name and address of property owner( s ) of the petition site: Name : Chaang Huei & Sarah Luan Full address and phone number: 54777 Luan Dr. , Osceola, In. 46561 ( 219 ) 256-7169 3) Name and address of contingent purchaser( s ) , if applicable: Name: Full address and phone number: 4 ) It is desired and requested that this property be rezoned from Residential & Commercial to "C" Commercial, "A" Height & Area 5) This rezoning is requested to allow the following use( s ) : to allow for a small shopping area to be constructed. 6) Attached is a copy of a) legal description for a Parcel, b) a list of names and address of property owner within 300 feet of petition property; c) five ( 5 ) site plans; and d) addressed stamped envelopes for all property owners within 300 feet of the petitioned property. 7 ) By signing this petition, I and my contingent purchaser understand that if the Council approves this petition to be rezoned, it may be approved subject to the submittal of a final site plan. A final site plan must be submitted to the Area Plan Commision within one ( 1 ) year of the Council' s action. Failure to submit a final site plan within that time period, causes the rezonin:g. of that petitioned property to revert to the initial zoning class-ification . Time extensions on .e submittal of the final site plan may be requested. • /.11112w..&44.14...■• Cha:i g- ffue 'P Luan AOOP �. • ara Luan PETITION PREPARED BY: Lang, Feeney & Associates , Inc. 715 S. Michigan Street South Bend, Indiana 46618 Ph. ( 219 ) 233-1841 Ellen Brown Lawrence K. & Lowell ,W. Mann "Syndicate Company Corp 1022 So. 34th St . , Sbuth Bend, Indiana South Bend, Indiana 46615 James T. & Ellen M. Brown Emil.. & Eugenia Schultz 2322 So. Olive St . , 2221 So. Carlisle St . , South Bend, Indiana 46614 South Bend, Indiana 46613 Charles & Wilma Nagy, Jr.. William J . & Norma Conboy Steven M. Gyori 2220 Highland Boulevard 15219 Kerlin Dr. , South Bend, Indiana 46613 Granger, Indiana 46530 Guy T. Stroud Stephen & Mary P. Bernath 18235 Chipstead Dr. , 2102 Prairie Ave. , South Bend, Indiana 46637 South Bend, Indiana 46613 Ronald Johnson Sylvester Gerschoffer 2335-2337 Prairie Ave . , 2101 Prairie Ave. , South Bend, Indiana 46614 South Bend, Indiana 46613 Melvin & Joanne McCallum Michael Spillman 26801 Jackson Road 2105 Prairie Ave. , South Bend, Indiana 46619 South Bend, Indiana 46613 Elmer & Margaret Boocher Mrs . Helen V. Horvath 20972 W. Roosevelt Rd. , 2109 Prairie Ave. , South Bend, Indiana 46615 South Bend, Indiana 46613 Steve & Emma Leopold $ Eugene & Doris Hancz 25595 Kern Road South Bend, Indiana 46614 Tibor & Margaret Folding 2205 Gertrude St . , South Bend, Indiana 46613 George P. Radman 2413 Prairie Ave . , South Bend, Indiana 46614 James T. Brown 2313 So. Olive St . , South Bend, Indiana 46614 Calvert Rod & Gun Club 2203 W. Ewing Ave . , South Bend, Indiana 46613 Christopher P. Kohler 2219 W. Ewing South Bend, Indiana 46613 AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 September 19, 1990 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance and site development plan of Chaang Huei and Sarah Luan to zone from "A" Residential and "C" Commercial , "A" Height and Area to "C" Commercial , "A" Height and Area, property located on the south side of Prairie. Avenue, approximately 153 feet east of the Prairie Avenue/Locust Road intersection, City of South Bend, as tabled - APC #1354-90 Dear Council Members: The above referenced ordinance and site development plan of Chaang Huei and Sarah Luan was legally advertised August 9, 1990 and August 11, 1990. The Area Plan Commission at its public hearing on September 18, 1990, took the following action: Upon a motion by Joseph Serge, being seconded by Harold Means and unanimously carried, the proposed ordinance and site development plan of Chaang Huei and Sarah Luan to zone from "A" Residential and "C" Commercial, "A" Height and Area to "C" Commercial, "A" Height and Area, property located on the south side of Prairie Avenue, approximately 153 feet east of the Prairie Avenue/Locust Road intersection, City of South Bend, as tabled is sent to the Common Council with a -.ecommendation, subject to a site development plan. This is one of two parcels which were rezoned in January of this year as part of a joint commercial/residential development project. The current petition adds a small area to the commercially zoned parcel in order to provide sufficient parking spaces for the proposed retail center. In the Commission's opinion, this expansion of the commercial area would not have a detrimental effect on the surrounding area. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, Richard S. ohnson Office RSJ:sr SF_P } 9 1990 Attachment CLERK,S0 •E ' CC: Chaang Huei and Sarah Luan CC: Lang, Feeney & Associates, WY Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland & St. Joseph County, IN r STAFF REPORT August 13, 1990 Chaanq Huei and Sarah Luan 1354-90 Location: on the south side of Prairie Avenue, approximately 153 feet east of the Prairie Avenue/Locust Road intersection City of South Bend REQUESTED ACTION: The petitioner is requesting a zone change from "A" Residential and "C" Commercial , "A" Height and Area to "C" Commercial , "A" Height and Area to allow construction of a small shopping area. EXISTING LAND USE: The property contains a vacant wooded lot . SURROUNDING LAND USE AND ZONING: Located to the north across Prairie Avenue is a single-family dwelling and a city fire station zoned "C" Commercial , and a rod and gun club zoned "A" Residential ; to the east is vacant land and a single-family home zoned "A" Residential ; to the south is vacant land zoned "A" Residential ; to the southwest is a single-family home zoned "A" Residential; and to the west is a gas station/convenience store zoned "C" Commercial . ACCESS: Access to the site is from Prairie Avenue. WATER SOURCE/SEWAGE DISPOSAL: Water and sewer are available to the site. DRAINAGE: The drainage has not been addressed by the petitioner. SITE DATA: The total site to be rezoned is 2.9 acres. Of that , the buildings will occupy 22,075 square feet , or 17.5 percent of the site; the parking and drives will occupy 1 .7 acres or 58 percent of the site; and 30,928 square feet or 24.5 percent of the site will remain as open space. ENVIRONMENTAL DATA: A check of the Agency's maps indicates that no public wells, wetlands, flood or environmental hazard areas are present . SITE PLAN: The site plan is preliminary. AGENCY COMMENTS: The City Engineer did not have any comments: . . .. _ .... . - - - . - P E Nti s- - • , _ _ -- Iv • .r' , . .._--- - 1- - - i .1.)iuku.-k a II : . . . 1 :__, .. • _ _ - N -----.--- l 7 .-.. 1-I - .._ i, V) _., '''' ,1,, , .1 "I.DUI'A4._:, . , _...._ .. . - P.4 1.-- 7_1 •-% _. - r f- s_. ; ---... ;---. -.----, -- — 1 : Z; I , 1 z. , : 8 ■ 1 -. -,--• . 2; . -:: 1.!: . 1 --.. • :-,-., v: 1 3; ; —; 'z' . _ a 1 r 1 ,., , 0, • or• s, w. ei.'" 74 , . , . , ! ......21. : : 1 : ] __. _ ; ‘. z.1 I : ,Vi L I --.J ___-L: _____-_s.Ti 7; ;..,-- ,-- ' -""!--:•!:. - ., ,....._ 1 . 1 -, a i . . 1 . 2.,,I3 :,,, ul : , ...,, i . . t - 1 ,. AR ! : .Cii Ur, 1' __I L J sr.:: c - - I c),-. i : •-• . i r 1 ,LL,DE . - . , i z. - . . .,; ,.‘v E - — — >I. --" . 2: ..„...„...,„,.. - 1 .-F : 4 ••• • -- --6,7-r----.. "4 . — . >' EWING' : ' : . ':, :' :: -"' • '''. . :.--", . W IN..; • • 3r OThii : E J .„_._....._!.",, : , .._. '-','7•75-.1%.'-' I s F—-•,, , 3 3. 1 Nt.C. D — R■_:M r' P• ,c',Ad PETITION AREA , A . 11 :a .5 D 14. ii CC * i , CC jit. "s' li.1 9,\ A a! _ ...„ II „ ..„ ...._ .... .....\ .. ,i : . _....... ..... ,, . .. ...! ,i A .! ,, ,, .... ., . REZONING FROM: "A" RESIDENTIAL , "A" HEIGHT AND AREA AND "C" COMMERCIAL, "A" HEIGHT AND AREA TO: "C" COMMERCIAL , "A" HEIGHT AND AREA AP C #1354-90 PETITION AREA [;::, ,,,...-...•,,,_:.-,'.1 SOUTH BEND ZONING "A" RESIDENTIAL I I "B" RESIDENTIAL I 1 Z\ "C" COMMERCIAL "D" LIGHT INDUSTRIAL I. I ' NORTH